One of the fears of the anti-RMT crowd deals with the potential of player v. player lawsuits. If your character and virtual sword is worth a real world amount, then what happens if you wish to role-play (the MMO legal equivalent of pleading "insanity") as thief in a MMO and cheat someone, steal something from them, or use some exploit to grief them. If they for example lost their sword or their character suffered some loss could you sue them in court?
This question came up in the class action lawsuit where WoW players sued IGE in Hernandez v. IGE. In that case World of Warcraft players filed a class action lawsuit against IGE as a third-party beneficiary of the EULA contract IGE signed with Blizzard everytime an employee logged into the game. However that case settled out of court so the question was never answered. Can individual users/players of an EULA/TOU sue each other for violations?
It seems the recent court case: Jackson v. American Plaza Corp has provided a probable answer. The case ruled that one Craigslist member could not sue another for a violation of Craiglist's TOU (Terms of Use). This should provide precedent should an MMO player ever try to sue another for "damages" (in the form of lost real world RMT value) for breaking an MMO's EULA such as "griefing".
For a full analysis head on over to: E-Commerce and Tech-Law Blog